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All Journal VISA: Journal of Vision and Ideas jle
Nurbaiti Nurbaiti
Universitas Esa Unggul
Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Public Health Social Sciences

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Legal Analysis of Post-Divorce Child Protection Rights (Case Study: Decision No. 3/Pdt.G/2025/PTA.Smd) Devani Elisabeth Situngkir; Nurbaiti Nurbaiti
Journal of Law and Economics Vol. 4 No. 2 (2025): NOVEMBER
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v4i2.331

Abstract

Rising divorce rates have triggered custody disputes where children's fundamental rights face systematic neglect, generating psychological trauma and legal ambiguity. This research examines post-divorce child protection under Law No. 35 of 2014 on Child Protection, analyzing Decision No. 3/Pdt.G/2025/PTA.Smd as a case study. Two primary questions guide the investigation: first, how courts operationalize the child welfare principle in custody determinations within Decision No. 3/Pdt.G/2025/PTA.Smd; second, how Law No. 35 of 2014 safeguards children's rights amid post-divorce custody conflicts. Employing normative juridical methodology through statutory, conceptual, and case study approaches, the research reveals that Law No. 35 of 2014 establishes child welfare as the paramount consideration in all child-related decisions. The principle addresses physical, psychological, social, and spiritual dimensions to secure optimal development. Decision No. 3/Pdt.G/2025/PTA.Smd demonstrates practical application: the judicial panel awarded custody to the biological mother based on her superior capacity to provide appropriate care environments while preserving paternal visitation rights. The ruling simultaneously mandates financial support obligations, reinforcing continued parental accountability post-divorce. The decision effectively operationalizes child-centered legal frameworks through balanced consideration of caregiving capacity, emotional bonding, and economic responsibility.
Kewenangan Hukum OJK Terhadap Penyalahgunaan Data Pribadi Debitur Kredivo Dalam Konsep Hifz Al-Irdh Laras Scintha Nabilah; Nurbaiti Nurbaiti
VISA: Journal of Vision and Ideas Vol. 6 No. 2 (2026): Journal of Vision and Ideas (VISA)
Publisher : IAI Nasional Laa Roiba Bogor

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Abstract

The Financial Services Authority (OJK) has full authority to address issues of personal data misuse on the online lending platform Kredivo. The OJK can regulate, supervise, inspect, protect consumers, and impose penalties on technology-based financial service providers (fintech) that violate personal data regulations. This is how the OJK protects registered and supervised online loan consumers—both by preventing problems and by taking action against violations. However, these protection efforts still face many obstacles. Among them are the public’s limited digital literacy, the rising prevalence of illegal online loans, the OJK’s limited supervisory staff, and loopholes in the regulations. This study also examines the significant impact of Kredivo, as a digital platform, on how it manages personal data. Because Kredivo collects and processes such a vast amount of data, there is a significant potential for that data to be misused, which could harm an individual’s dignity and rights. From an Islamic legal perspective, the management of personal data by digital platforms must be based on the principles of hifz al-‘irdh (preserving dignity) and hifz al-ma’ (preserving wealth). Therefore, protecting personal data is not only a legal obligation established by the government but also a moral responsibility that must be fulfilled in accordance with the primary objectives of Sharia.
Co-Authors Devani Elisabeth Situngkir Laras Scintha Nabilah